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(영문) 의정부지방법원 2016.11.17 2016고단116
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 27, 2015, around 23:41, the Defendant driven a car with approximately 600 meters wide from the front side of the “mast” in Masan to the front side of the “Gasan Industrial Complex” in the same Ri, without obtaining a driver’s license under the influence of alcohol concentration of 0.138%.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Report on the results of the crackdown on drinking driving, the report on the situation of drinking driving, and the statement of the situation;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a selective fine for punishment (including the fact that there is no past record of punishment exceeding a fine due to the same kind of crime);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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